LAKE WORTH FL SALE OF PRESCRIPTION DRUGS DEFENSE ATTORNEYS
WITH OFFICES IN BOCA RATON, FLORIDA
The criminal defense lawyers at Arnesen Law represent clients charged with a multitude of drug-related offenses, ranging from prescription drug sales and possession of prescription drugs to heroin distribution. These skilled legal practitioners appear regularly in courts throughout South Florida in towns including Lake Worth, Palm Beach Gardens, and Jupiter, focusing specifically on clients charged with criminal and DUI offenses.
Having participated in the investigation and prosecution of countless drug cases during his work as a former police officer, founding partner Jay Arnesen is uniquely qualified to evaluate cases involving alleged drug offenses. In fact, his extensive credentials include certification through The John Jay University School of Criminal Justice’s High Intensity Drug Trafficking Area (HIDTA) Advanced Training Narcotics Course. This highly regarded program certification is achieved by law enforcement officials serving a variety of distinguished agencies, including the FBI, DEA, ATF, and US Customs Enforcement Bureau.
With the professionalism, compassion, and expertise to address drug charges from both sides of the law, the attorneys at The Arnesen Law Firm are available anytime at 561-419-9630 to provide free legal consultations.
“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq., Criminal Defense Attorney
Sale of Prescription Drugs – Florida Statutes Section 499.0051
In Florida, there is a legal distinction between charges for prescription drug distribution that involve the exchange of money and those that are limited to non-transactional delivery or transfer. The statute below, Chapter 499, Section 0051, addresses criminal charges associated with the actual sale of prescription drugs, as well as offenses involving contraband prescription drugs. These are extremely serious offenses in the state, warranting prison sentences of up to 30 years depending on the specific alleged offense.
Chapter 499 of the Florida Statutes, known as the “Florida Drug and Cosmetic Act,” governs the variety of criminal charges pertaining to prescription drugs and contraband prescription drugs. Under Section 003, a “contraband prescription drug” is defined as the following:
“Any adulterated drug, as defined in s. 499.006, any counterfeit drug, as defined in this section, and also means any prescription drug for which a pedigree paper does not exist, or for which the pedigree paper in existence has been forged, counterfeited, falsely created, or contains any altered, false, or misrepresented matter.”
KNOWING SALE OR TRANSFER OF PRESCRIPTION DRUG TO UNAUTHORIZED PERSON: A person who knowingly sells or transfers to a person not authorized to purchase or possess prescription drugs, under the law of the jurisdiction in which the person receives the drug, a prescription drug in a wholesale distribution transaction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING SALE OR DELIVERY, OR POSSESSION WITH INTENT TO SELL, CONTRABAND PRESCRIPTION DRUGS: A person who is knowingly in actual or constructive possession of any amount of contraband prescription drugs, who knowingly sells or delivers, or who possesses with intent to sell or deliver any amount of contraband prescription drugs, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING TRAFFICKING IN CONTRABAND PRESCRIPTION DRUGS: A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount of contraband prescription drugs valued at $25,000 or more commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Upon conviction, each defendant shall be ordered to pay a mandatory fine according to the following schedule:
1. If the value of contraband prescription drugs involved is $25,000 or more, but less than $100,000, the defendant shall pay a mandatory fine of $25,000. If the defendant is a corporation or other person that is not a natural person, it shall pay a mandatory fine of $75,000.
2. If the value of contraband prescription drugs involved is $100,000 or more, but less than $250,000, the defendant shall pay a mandatory fine of $100,000. If the defendant is a corporation or other person that is not a natural person, it shall pay a mandatory fine of $300,000.
3. If the value of contraband prescription drugs involved is $250,000 or more, the defendant shall pay a mandatory fine of $200,000. If the defendant is a corporation or other person that is not a natural person, it shall pay a mandatory fine of $600,000.
(b) As used in this subsection, the term “value” means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. Amounts of value of separate contraband prescription drugs involved in distinct transactions for the distribution of the contraband prescription drugs committed pursuant to one scheme or course of conduct, whether involving the same person or several persons, may be aggregated in determining the punishment of the offense.
Sale of Prescription Drugs – Potential Penalties
The penalties associated with a conviction for one of the aforementioned offenses are extremely significant. As noted above, charges for trafficking in contraband prescription drugs also entail hefty fines, the sums of which are determined by the value of the substance/(s) involved in the alleged offense.
First Degree Felony Trafficking in Contraband Prescription Drugs: maximum sentence of 30 years in prison, up to 30 years of probation, and fines not to exceed $10,000
- Values ranging from $25,000 and $100,000: mandatory fine of $25,000 for individuals; mandatory fine of $75,000 for corporations and other organizations
- Values ranging from $100,000 to $250,000: mandatory fine of $100,000 for individuals; mandatory fine of $300,000 for corporations and other organizations
- Values above $250,000: mandatory fine of $200,000 for individuals; mandatory fine of $600,000 for corporations and other organizations
Second Degree Felony Sale of Prescription and/or Contraband Prescription Drugs: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000
Contact Our Palm Beach County Sale of Prescription Drugs Defense Lawyers for a Free Consultation
If you or a loved one is facing charges involving the sale of prescription drugs in South Florida, it is essential to retain an experienced criminal defense attorney who can help you to avoid the serious consequences associated with these offenses. Attorney Jay Arnesen and his savvy team of legal professionals constantly advocate for their clients to achieve the best possible result. Call the Arnesen Law Firm at 561-419-9630 for a free consultation with one of their experienced lawyers today.